Abstract

ZOMETA, Manuel. Normative Antinomy: Weighting of fundamental rights in the salvadoran context. Cuest. Const. [online]. 2021, n.45, pp.421-433.  Epub May 09, 2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2021.45.16669.

The conflict among fundamental rights, or “normative antinomy” is a legal form that deals on the interference of a right over another, either by protection means, obstacles on its achievement or in the exercise of a right. This study analyzes the normative antinomy derived from the collision between the right to freedom, through the scope on freedom to transit and not to be detained against the will, in the context of the measures decreed by the Salvadoran Executive on the protection of the right to public health during the pandemic caused by COVID-19; making use of the weight formula, proposed by Robert Alexy in the method of weighting and balancing of fundamental rights.

Keywords : Fundamental Rights; Balancing; Freedom; Health; Constitution; Normative Antinomy.

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